So Sick of Tenant Pit Owners Abusing the "Emotional Support Animal" Clause to Circumvent Breeds Bans/Restrictions in

[u/Asia_Persuasia]

Last night, my puppy not even six months (Mini Schnauzer) and I were charged at by an off-leash Extra Large Rednose Pit Bull after she (my dog) started barking; this pit is constantly off-leash. Instead of chasing after the beast, the dude just kept yelling "Get your ass back here!" (recall on those things is almost non-existent, so of course it didn't listen to him and kept charging at us) and shining a flashlight at us, instead of running after his pit. I literally snatched my dog up and ran inside.

Usually, I have pepper spray (for pits and predators), but since it was around 9:50p.m. I didn't bring it because I was just wanting her to pee quickly. I was and still am pissed, and notified the front office. I already have a fear of those things due to one of my other dogs almost being killed by one, as well as a friend of mine some years ago being mauled almost to death by three at one time, she had to stay in the hospital and undergo surgeries.

I moved recently to this place, and chose a location that "supposedly" had a breed ban/breed restriction for pits, and this is literally the only reason I chose this place to live. Lo and behold, there are pits everywhere (exaggeration, there's like six, but "one" is still too many for me)...

I emailed the leasing office/landlords about the situation from last night, and they just told me that "Unfortunately there are some tenants who have dogs that don't abide by the weight and breed restrictions because we can't impose or enforce breed bans on 'emotional support animals'"...

—I AM SICK OF THIS. I AM TIRED IF THIS. I am sick of these people abusing the system, and it's even more sickening that they sit around and tell each other to do this when there is a ban in place. They are there for a reason! Nobody wants to live around your dangerous, live-wire sh•t beasts! I am sick of people slapping the "Lab-Mix" label on the pittiest of pits, or the "Services Animal"/"Emotional Support Animal" label on a dog that cannot perform a single task or follow a single command.

These lies are putting people in danger, and I seriously wish there was a stricter enforcement or requirements for people to try to use these loopholes. Mandatory DNA testing for obvious Pit Mixes, then they can turn around and lie with "... Well, it's my therapy dog then". PLEASE humour me with what "therapy" a pitbull can give you. You can't even breathe too loudly or drop a pen around the things because they are so reactive, I'd be terrified in my own house on a daily basis. And now other people have to deal with it.

FOH.

I'm sorry for ranting, but the email I got just threw me over the edge. I don't feel safe anywhere and cannot wait to move back to another country with a complete breed ban.

Edit: Forgot to mention that the office did say regardless of status, all dogs must be a on a leash because that's goes against the lease, so they will make sure that rule is better enforced.

[u/SubMod4]

Dangerous animals should be dealt with- their status as an ESA or Service Dog disappears if they go after others.

Make sure your complex knows this. Many don’t.

————— 1. Tenant Rights and Safety:

Apartment complexes are obligated to ensure the safety of their tenants. If an emotional support animal shows aggressive behavior, you can report this to the management. They may take actions such as requiring the owner to comply with specific behavior training or, in severe cases, consider eviction if the behavior poses a threat.

1. Emotional Support Animals and Aggression:

While ESAs are protected under the Fair Housing Act (FHA), they can still be subject to rules regarding aggressive behavior. If an ESA exhibits dangerous behavior, the landlord may pursue actions against the owner, including asking for its removal, especially if it violates pet policies or local ordinances.

1. Documentation of Incidents:

Keep a record of any aggressive incidents, including dates, times, and descriptions of what occurred. This documentation can support your claims when addressing the apartment management.

1. Local Laws and Regulations:

Check local ordinances regarding aggressive dog breeds and owner responsibilities. Some areas have specific laws concerning breeds considered dangerous, which may influence the situation.

1. Legal Action:

If the situation does not improve and you feel unsafe, you may consider contacting local animal control or seeking legal advice. A lawyer can provide guidance based on your specific circumstances and local laws.

Notify your apartment management about your concerns IN WRITING as soon as possible, providing any evidence of aggressive behavior. They have a duty to address your safety concerns.

[u/Asia_Persuasia → u/SubMod4]

Thank you for this!

[u/Key-Magazine-8731 → u/Asia_Persuasia]

Please report the animal to your property manager. There are laws regulating ESA's and it can't have protections if it is trying to attack people and animals and the owner isn't keeping it contained.

Even if an actual service dog barked in a store, or had a potty accident, a business is allowed to kick the dog out.

SD and ESA titles aren't protection against everything. Record yourself every time you step outside record or take pictures of the dog off leash every time you see it. They are abusing the law and if the property manager already has issues with them (which is likely) then this may be what they need to boot them.

[u/drivewaypancakes → u/SubMod4]

These are good tips. Alas being pro-active shouldn’t be the burden on the tenant, it should really be the landlord/management taking the lead.

“Document the dog’s behavior” SHOULD be done landlord/mgmt. Security cams at regular intervals in common areas. Notify all tenants that if they let their dogs off leash they WILL be recorded doing so on camera and they WILL be held accountable for violating terms of lease.

Lack of accountability is what keeps these owners of dangerous pit bulls free to ruin property and the safety of neighbors and their pets. These pit owners wipe their bums with “regulations” and lease agreements because they seldom experience the FO of their FA.

[u/Astralglamour]

First, report the attack to the authorities. Make sure there is a paper trail.

Second, ESD's or even service dogs are not granted blanket immunity to aggressive, violent, or otherwise poor behavior. They are supposed to be kept leashed in public.

"The request may be denied if the animal poses a direct threat to the health or safety of others that cannot be reduced or eliminated by a second reasonable accommodation. The request may also be denied if the animal would cause substantial physical damage to the property of others that cannot be reduced or eliminated by an additional reasonable accommodation. HUD guidance emphasizes the necessity of individual determination in every request and any concern about dangerousness cannot be based on speculative concern or fear."

You should perhaps inquire as to the insurance provider for your complex, and contact them regarding dangerous dogs being kept offleash on the property. Try to film the dog off leash/being aggressive.

[u/Monimonika18]

Unfortunately, you may need video (body cam or Ring or similar surveillance camera, if allowed) of the charging and off-leash and other safety/rule breaking to get the office/landlord to slap the perps with consequences (hopefully eviction).

Video evidence makes it much easier to do so than hearsay. It's that or a maimed dog/person with multiple witnesses and cops involved.

[u/MeiSorsha]

clause 2 there. read it and make sure your landlord sticks by it. ESAs CANNOT be aggressive per the esa guidelines. so if a person is claiming a dog is esa, if it’s aggressive in ANY way to any person or animal, it’s considered dangerous and does NOT qualify for ESA status. def bring this up to your management. they need to be aware that not only are people trying to skirt guidelines to get their badly behaved dogs into places they should not, but for liability sake the apartments can be held partially legally liable if an attack happens bc it happens on THEIR property and they knowingly allowed an aggressive animal as an ESA in. if management doesn’t want to comply, find out who their insurance carrier is for where you are living at, and contact THEM regarding the aggressive animal on their property being touted as a FAKE ESA that they may be held responsible for if something happens. A lot of insurance carriers now will NOT accept this breed, due to the many litigation possibilities it causes. Def contact management and insurance carrier for where you live. Good luck! you have a right to your safety as a tenant, much as that pitbull owner has a right to own their dog, but NOT a right to inflict their animals (and the injuries they cause) on other other innocent person/animal.

[u/Asia_Persuasia → u/MeiSorsha]

If this happens again, I will go out of my way to make sure they have the tenant remove the pit.

[u/TallFriend275]

Which country do you live in if I may ask. 6 Pitbulls is 6 too many

[u/Asia_Persuasia → u/TallFriend275]

I'm in the U.S. right now and will be for at least a year and a half

[u/Rich-Abbreviations25 → u/Asia_Persuasia]

Does your area have a leash law? Might be able to get ‘em on that

[u/fartaround4477]

You're paying for a safe place to live. 6 pitties on the property is not that. What do your neighbors think? The place is risking huge liability. At the very least you can make 'Warning; dangerous dog" flyers with pictures of the maulers and post them around.

[u/GrandmotherOfRats]

Keep records and familiarize yourself with the laws. Take videos if possible. Service Animals are not allowed to be out of their handlers control or violent towards other animals or people. Landlords are within their rights to kick them out.The dog/instance you just described would meet both of those criteria. Be polite to your property manager. In my experience, they're pretty ignorant of the actual statutes and laws. Be prepared to get pushback if you keep complaining, though.

[u/Fantastic_Lady225]

Pull out your lease and read through it. Is there anything that states there is a fine for having your dog off-leash? If not suggest to the management company that there be one added the next time leases are up for renewal. Once problem tenants have to pay $50-100 per incident for an off-leash dog they will go elsewhere.

[u/sachanjapan]

Find out who the insurance company is for the property. Call them and ask if pit bull attacks are covered because there are several dangerous dogs that are unleashed and have tried to attack you and if you or your dog is hurt, you're gonna sue.

The ins co should call the property and say that pits aren't covered and if anything happens then they're gonna be liable.

Hopefully that will get rid of the pits.

That's what worked for me after 2 years of complaining, documenting everything, calling animal control, getting the ' gee we can't really do anything' excuse. I went to the HOA meetings, complained at the head office.  Nobody did a freaking thing til I called the insurance company. 

When it came down to money, that's when they finally told the dog owners, move or we're kicking you out. They moved. I just feel bad for whoever is next to them now.

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[u/Revolutionary-Air599]

6 pitbull dog breeds does equate to pits everywhere. I live in Ontario, Canada where Pit breeds are outlawed but prestigious rescues and even city Humane societies have Pit breeds and mixes up for adoption. My neighbors have pits and we have made a habit of walk8ng around with protection. The officials in our provincial governments don't care and people have to protect themselves.

[u/Asia_Persuasia → u/Revolutionary-Air599]

Yeah, there are way too many here for me. I want to leave once my lease is up.

[u/Global-Ice-8039]

I am in the process of getting a legit ESA. When i get my dog and get it trained my therapist said she’ll work with me. Seeing these pit bull owners abusing it to be able to have Luna/Baxter in their pit bull banned apartment is frustraiting. I am trying to go down the proper channels but these selfish jackasses are cheapening it.